Notice2021-28043
Certain Aluminum Foil From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2019
Primary source
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Published
December 27, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain aluminum foil (aluminum foil) from the People's Republic of China (China). The period of review (POR) is January 1, 2019, through December 31, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 245 (Monday, December 27, 2021)</title>
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[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73249-73251]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28043]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-054]
Certain Aluminum Foil From the People's Republic of China: Final
Results of Countervailing Duty Administrative Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of certain aluminum foil (aluminum foil) from the People's Republic of
China (China). The period of review (POR) is January 1, 2019, through
December 31, 2019.
DATES: Applicable December 27, 2021.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1121.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on July
7, 2021, and invited comments from interested parties.\1\ On August 13,
2021, we received timely filed case briefs from the following
interested parties: Jiangsu Zhongji Lamination Materials Co., Ltd.
(Zhongji); Xiamen Xiashun Aluminum Foil Co., Ltd. (Xiashun); and the
Government of China (GOC).\2\ On August 24, 2021, we received a timely
filed rebuttal brief from the Aluminum Association Trade Enforcement
Working Group (the petitioners).\3\
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\1\ See Certain Aluminum Foil from the People's Republic of
China: Preliminary Results of Countervailing Duty Administrative
Review and Rescission of Review, in Part; 2019, 86 FR 35735 (July 7,
2021) (Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Zhongji's Case Brief, ``Certain Aluminum Foil from the
People's Republic of China: Case Brief,'' dated August 13, 2021
(Zhonji's Case Brief); Xiashun's Case Brief, ``Certain Aluminum Foil
from The People's Republic of China--Case Brief,'' dated August 13,
2021 (Xiashun's Case Brief); and GOC's Case Brief, ``Certain
Aluminum Foil from the People's Republic of China: Case Brief,''
dated August 13, 2021 (GOC's Case Brief).
\3\ See Petitioner's Rebuttal Brief, ``Certain Aluminum Foil
from The People's Republic Of China . . . Petitioners' Rebuttal
Brief,'' dated August 24, 2021 (the Petitioner's Rebuttal Brief).
Individual Members of the Aluminum Association Trade Enforcement
Working Group include: JW Aluminum Company, Novelis Corporation, and
Reynolds consumer Products LLC.
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Scope of the Order
The product covered by this order is aluminum foil from China.\4\
For a complete description of the scope of this order, see the Issues
and Decision Memorandum.\5\
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\4\ See Certain Aluminum Foil from the People's Republic of
China: Amended Final Affirmative Countervailing Duty Determination
and Countervailing Duty Order, 76 FR 17360 (April 19, 2018) (Order).
\5\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2019 Administrative Review of the Countervailing Duty Order
on Certain Aluminum Foil from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Analysis of Comments Received
All issues raised in interested parties' case briefs are addressed
in the Issues and Decision Memorandum. A list of the issues raised by
parties to which Commerce responded in the Issues and Decision
Memorandum is provided in Appendix I to this notice. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on the comments received and record evidence, we made certain
changes from the Preliminary Results with respect to the net
countervailable subsidy rate calculated for Xiashun and assigned to
companies not selected for individual examination in this review. These
changes are explained in the Issues and Decision Memorandum.
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find that there is a
subsidy, i.e., a government-provided financial contribution that gives
rise to a benefit to the recipient,
[[Page 73250]]
and that the subsidy is specific.\6\ For a full description of the
methodology underlying all of Commerce's conclusions, including any
determination that relied upon the use of adverse facts available
pursuant to sections 776(a) and (b) of the Act, see the Issues and
Decision Memorandum.
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Companies Not Selected for Individual Examination
In accordance with 19 CFR 351.221(b)(5), Commerce calculated a
countervailable subsidy rate for mandatory respondent Xiashun. Because
the rate calculated for Xiashun, the only cooperating mandatory
respondent, is above de minimis and not based entirely on facts
available, we assigned this rate to other companies subject to this
administrative review but not selected for individual examination. This
is consistent with the methodology that we use in an investigation to
establish the all-others rate, pursuant to section 705(c)(5)(A) of the
Act.
Final Results of Administrative Review
We determine that, for the period January 1, 2019, through December
31, 2019, the following net countervailable subsidy rates exist:
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Net countervailable subsidy
Company rate (percent ad valorem)
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Alcha International Holdings Limited...... 14.20
Anhui Maximum Aluminum Industries Company 14.20
Ltd.; Jiangsu Huafeng Aluminum Industry
Co., Ltd.; Jiangsu Zhongji Lamination
Materials Co., Ltd.; Jiangsu Zhongji
Lamination Materials Co., (HK) Limited;
and Shantou Wanshun Package Material
Stock Co., Ltd.\7\.......................
Dingsheng Aluminum Industries (Hong Kong) 14.20
Trading Co., Ltd.; Hangzhou DingCheng
Aluminum Co., Ltd.; Hangzhou Dingsheng
Import & Export Co. Ltd.; Hangzhou
Dingsheng Industrial Group Co. Ltd.;
Hangzhou Five Star Aluminum Co., Ltd.;
Hangzhou Teemful Aluminum Co., Ltd.;
Jiangsu Dingsheng New Materials Joint
Stock Co., Ltd.; Luoyang Longding
Aluminium Industries Co., Ltd.; and
Walson (HK) Trading Co., Limited.\8\.....
Hunan Suntown Marketing Limited........... 14.20
Jiangsu Alcha Aluminum Co., Ltd........... 305.07
SNTO International Trade Limited.......... 14.20
Suntown Technology Group Corporation 14.20
Limited..................................
Xiamen Xiashun Aluminium Foil Co. Ltd..... 14.20
Yinbang Clad Material Co., Ltd............ 14.20
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Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
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\7\ In the first administrative review of the Order, Commerce
found the following companies to be cross-owned: Anhui Maximum
Aluminum Industries Company Ltd.; Jiangsu Huafeng Aluminum Industry
Co. Ltd.; Jiangsu Zhongji Lamination Materials Co., Ltd.; Jiangsu
Zhongji Lamination Materials Co., (HK) Ltd.; Shantou Wanshun
Material Stock Co., Ltd.; and Anhui Maximum Aluminum Industries
Company Limited. The subsidy rate applies to all cross-owned
companies. See Certain Aluminum Foil from the People's Republic of
China: Final Results of the Countervailing Duty Administrative
Review; 2017-2018, 86 FR 12171 (March 2, 2021).
\8\ In the investigation, Commerce found the following companies
to be cross-owned: Dingsheng Aluminum Industries (Hong Kong) Trading
Co., Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; Hangzhou Dingsheng
Import & Export Co. Ltd.; Hangzhou Dingsheng Industrial Group Co.
Ltd.; Hangzhou Five Star Aluminum Co., Ltd.; Hangzhou Teemful
Aluminum Co., Ltd.; Jiangsu Dingsheng New Materials Joint-Stock Co.,
Ltd.; Luoyang Longding Aluminum Co., Ltd.; and Walson (HK) Trading
Co., Limited. The subsidy rate applies to all cross-owned companies.
See Order.
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Assessment Rate
Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, countervailing duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review, for the above-listed companies at the
applicable ad valorem assessment rates listed. Consistent with its
recent notice,\9\ Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the date of publication of the final
results of this review in the Federal Register. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
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\9\ See Notice of Discontinuation of Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Rates
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the companies listed above. For
all non-reviewed firms, we will instruct CBP to continue to collect
cash deposits of estimated countervailing duties at the most recent
company-specific or all-others rate applicable to the company, as
appropriate. These cash deposits, when imposed, shall remain in effect
until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notice to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
[[Page 73251]]
Dated: December 17, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. List of Issues
III. Background
IV. Changes Since the Preliminary Results
V. Scope of the Order
VI. Period of Review
VII. Subsidies Valuation Information
VIII. Use of Facts Otherwise Available
IX. Analysis of Programs
X. Discussion of Comments
Comment 1: Whether Commerce Should Continue to Find that Xiamen
Xiashun Aluminum Foil Co., Ltd. (Xiashun) Received Countervailable
Benefits Under the Policy Loans to Aluminum Foil Producers Program
Comment 2: Whether Commerce Should Include Benefits from Bank
Acceptances in the Calculation of Benefits Under the Policy Loans to
Aluminum Foil Producers Program
Comment 3: Whether Commerce Should Continue to Make an Adverse
Inference to Find that Xiashun Benefited from the Export Buyers
Credit Program
Comment 4: Whether Commerce Should Continue to Make Adverse
Inferences to Find Financial Contribution and Specificity and to
Calculate Benefits Under the Electricity for Less Than Adequate
Remuneration (LTAR) Program
Comment 5: Whether Commerce Should Modify the Benchmarks Used to
Value Electricity
Comment 6: Whether Commerce Should Continue to Make an Adverse
Inference to Find that Primary Aluminum Producers are Authorities
Comment 7: Whether Commerce Should Continue to Make an Adverse
Inference to Find that the Primary Aluminum Market in China is
Distorted
Comment 8: Whether Commerce Should Modify the Benchmark Used to
Value Primary Aluminum
Comment 9: Whether Commerce Should Modify the Ocean Freight
Benchmark
XI. Recommendation
[FR Doc. 2021-28043 Filed 12-23-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 27, 2021.
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